Law360 Canada ( November 5, 2024, 11:37 AM EST) -- Appeal by Crown from the sentence imposed by the judge against Chief. The Crown argued that the sentence was unfit given the seriousness and dangerous nature of the offences and Chief’s degree of moral blameworthiness, that the judge erred in finding exceptional circumstances and in finding that the mandatory minimum sentence under s. 99(2)(a) of the Criminal Code ("Code") violated Chief’s right under s. 12 of the Canadian Charter of Rights and Freedoms ("Charter"). Chief pleaded guilty to three offences that arose from selling a modified starter pistol with nine bullets to an undercover police officer, namely, transferring a firearm with ammunition, possession of a restricted firearm with ammunition and breach of a recognizance. The judge sentenced Chief to eight days in custody for the breach offence and a conditional sentence order of two years less a day for the firearm offenses, followed by two years of supervised probation, and found that the mandatory minimum sentence under s. 99(2)(a) of the Code was grossly disproportionate given Chief's personal circumstances. The Crown argued that the judge’s assessment of the sentencing principles was flawed, resulting in a sentence that was significantly outside the typical range for similar offences. Further, it argued that Chief committed a deliberate criminal act driven by financial gain and that the judge did not adequately consider his moral culpability. Chief argued that the sentence was appropriate and not demonstrably unfit. He claimed that the judge correctly assessed his reduced moral blameworthiness, considering his young age and personal circumstances, and adequately addressed the seriousness of the offence. He maintained that the community-based jail sentence effectively met the requirements for denunciation and deterrence....